Anita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24550 of 2024 Arising Out of PS. Case No.-1085 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== 1.
ANITA DEVI W/O DHARMENDRA BIND R/O VILLAGE- NAKHTAUL, P.S- BHABUA, DISTT.- KAIMUR AT BHABUA.
2.
SUGGI DEVI W/O BILENDRA BIND R/O VILLAGE- NAKHTAUL, P.SBHABUA, DISTT.- KAIMUR AT BHABUA. 3.
RAJANI DEVI @ RINU DEVI W/O UPENDRA BIND R/O VILLAGENAKHTAUL, P.S- BHABUA, DISTT.- KAIMUR AT BHABUA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence under Sections 307, 341, 323, 504, 506 and 34 of the Indian Penal Code.
3. As per the prosecution case, on 30.11.2023 while the informant was at his house along with his family members, all the FIR named accused persons, including these petitioners arrived there and entered into an argument with the informant's father who had went out after food. Thereafter, when the informant went out upon noise, all the accused persons started assaulting the informant and his family members by lathi, khanti and rod. It is further alleged that when the father of the
Patna High Court CR. MISC. No.24550 of 2024(4) dt.12-07-2024 2/2 informant fell down these petitioners along with other accused persons assaulted by lathi.
4. Learned counsel for the petitioners submits that the allegations of assault is general and omnibus. Postmortem report does not support the prosecution case. As per the FIR eight named persons assaulted the deceased but only one injury has been found caused by sharp weapon. Petitioners are lady having clean antecedent.
5. Learned A.P.P. for the State has opposed the bail petition.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within a period of six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua Patna connection with in connection with Bhabua P.S. Case No. 1085 of 2023 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Prakash/- U